
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-469 Section 103(20)]
[CITE: 42USC6249]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER I--DOMESTIC SUPPLY AVAILABILITY
 
Part C--Authority To Contract for Petroleum Product Not Owned by United 
                                 States
 
Sec. 6249. Contracting for petroleum product and facilities


(a) In general

    Subject to the other provisions of this part, the Secretary may 
contract--
        (1) for storage, in otherwise unused Strategic Petroleum Reserve 
    facilities, of petroleum product not owned by the United States; and
        (2) for storage, in storage facilities other than those of the 
    Reserve, of petroleum product either owned or not owned by the 
    United States.

(b) Conditions

    (1) Petroleum product stored pursuant to such a contract shall, 
until the expiration, termination, or other conclusion of the contract, 
be a part of the Reserve and subject to the Secretary's authority under 
part B of this subchapter.
    (2) The Secretary may enter into a contract for storage of petroleum 
product under subsection (a) of this section only if--
        (A) the Secretary determines (i) that entering into one or more 
    contracts under such subsection would achieve benefits comparable to 
    the acquisition of an equivalent amount of petroleum product, or an 
    equivalent volume of storage capacity, for the Reserve under part B 
    of this subchapter, and (ii) that, because of budgetary constraints, 
    the acquisition of an equivalent amount of petroleum product or 
    volume of storage space for the Reserve cannot be accomplished under 
    part B of this subchapter; and
        (B) the Secretary notifies each House of the Congress of such 
    determination and includes in such notification the same information 
    required under section 6234(e) of this title with regard to storage 
    and related facilities proposed to be included, or petroleum product 
    proposed to be stored, in the Reserve.

    (3) A contract entered into under subsection (a) of this section 
shall not limit the discretion of the President or the Secretary to 
conduct a drawdown and distribution of the Reserve.
    (4) A contract entered into under subsection (a) of this section 
shall include a provision that the obligation of the United States to 
make payments under the contract in any fiscal year is subject to the 
availability of appropriations.

(c) Charge for storage

    The Secretary may store petroleum product pursuant to a contract 
entered into under subsection (a)(1) of this section with or without 
charge or may pay a fee for its storage.

(d) Duration

    Contracts entered into under subsection (a) of this section may be 
of such duration as the Secretary considers necessary or appropriate.

(e) Binding arbitration

    The Secretary may agree to binding arbitration of disputes under any 
contract entered into under subsection (a) of this section.

(f) Availability of funds

    The Secretary may utilize such funds as are available in the SPR 
Petroleum Account to carry out the activities described in subsection 
(a) of this section, and may obligate and expend such funds to carry out 
such activities, in advance of the receipt of petroleum products.

(Pub. L. 94-163, title I, Sec. 171, as added Pub. L. 101-383, 
Sec. 6(a)(4), Sept. 15, 1990, 104 Stat. 729; amended Pub. L. 102-486, 
title XIV, Sec. 1403, Oct. 24, 1992, 106 Stat. 2994.)


                            Prior Provisions

    A prior section 171 of Pub. L. 94-163 was renumbered section 181 and 
is classified to section 6251 of this title.


                               Amendments

    1992--Subsec. (f). Pub. L. 102-486 added subsec. (f).
